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1980 Supreme(AP) 1
Andhra Pradesh High Court
Judges : ALLADI KUPPUSWAMI, CHENNAKESAVA REDDY
S.Narayana - Appellant
Versus
Municipal Corporation of Hyderabad Darul Shalfa, Hyderabad - Respondent
Decided On : 01-01-80
The statutory provisions authorizing the regulation of pig keeping, including the issuance of licenses, prohibition of unlicensed pigs, and seizure and destruction of straying pigs, are valid and enforceable, and the restrictions imposed on pig keeping in the context of a public health emergency are reasonable and necessary.
Headnote:
MUNICIPALITIES ACT - SECTIONS 253, 254, 255 - HYDERABAD MUNICIPAL CORPORATION ACT, 1955 - SECTIONS 510, 521 - PUBLIC HEALTH - PREVENTION OF ENCEPHALITIS - REGULATION OF PIG KEEPING - VALIDITY OF NOTICES ISSUED BY MUNICIPALITIES AND CORPORATION - POWER TO SEIZE AND DESTROY UNLICENSED OR STRAYING PIGS - REASONABLENESS OF RESTRICTIONS - PROTECTION OF PUBLIC HEALTH.
Fact of the Case:
Outbreak of encephalitis (brain fever) in Andhra Pradesh, particularly in the twin cities of Hyderabad and Secunderabad, leading to concerns about the spread of the disease through pigs, which were considered major vertebrate hosts for the virus. Municipalities and the Corporation issued notices directing pig owners to remove their pigs from municipal limits or face seizure and destruction of unlicensed or straying pigs.
Finding of the Court:
1. The relevant provisions of the Municipalities Act and the Hyderabad Municipal Corporation Act, 1955, authorize the authorities to regulate the keeping of pigs, including the issuance of licenses, prohibition of unlicensed pigs, and seizure and destruction of straying pigs. 2. The notices issued by the municipalities and the Corporation were valid and in accordance with the statutory provisions. 3. The restrictions imposed on pig keeping were reasonable and necessary to protect public health in light of the encephalitis outbreak. 4. The authorities were directed to exercise their powers with caution and consideration for the livelihood of pig owners, particularly those from weaker sections of society.
Issues: 1. Whether the notices issued by the municipalities and the Corporation were valid and in accordance with the relevant statutory provisions. 2. Whether the restrictions imposed on pig keeping were reasonable and necessary to protect public health. 3. Whether the authorities had the power to seize and destroy unlicensed or straying pigs.
Ratio Decidendi: 1. The provisions of the Municipalities Act and the Hyderabad Municipal Corporation Act, 1955, empower the authorities to regulate pig keeping, including the issuance of licenses, prohibition of unlicensed pigs, and seizure and destruction of straying pigs. 2. The restrictions imposed on pig keeping were reasonable and necessary to protect public health in light of the encephalitis outbreak, as pigs were considered major vertebrate hosts for the virus. 3. The authorities had the power to seize and destroy unlicensed or straying pigs under the relevant statutory provisions.
Final Decision: 1. The writ petitions challenging the validity of the notices issued by the municipalities and the Corporation were dismissed. 2. The authorities were directed to exercise their powers with caution and consideration for the livelihood of pig owners, particularly those from weaker sections of society.
( 1 ) THESE Six Writ Petitions and Writ Appeal 601 of 1979 have been heard together as they raise common questions for consideration.
( 2 ) DURING the second half of the year of 1979 there was an outbreak of a serious disease encephalitis commonly known as brain fever in various parts of the State of Andhra Pradesh including the twin cities. The victims of the disease were mainly children though adults also were subject to the ravages of this disease. It was found that there was no certain cure for this brain fever and many of those who were attacked by this disease succumbed to it within a very short time. The vaccine necessary for prevention of encephalitis also is not easily available in India and had to be imported from outside. The medical opinion which the government obtained in regard to the causes of this outbreak was that this fever was caused by a particular type of mosquito called culex Vishnui which carried this virus responsible for this disease. The main vertebrate host for this disease, according to medical opinion, is the pig. Therefore steps were taken by the Municipalities in the State of Andhra Pradesh and the corporation of the twin cities not only to eradicate the mosquitoes which were the carriers of this disease and the virus but also to see that the pigs which are the major vertebrate hosts, do not stray in the streets and be responsible for the spreading of this disease. Notices were therefore issued by the Corporation and the Municipalities in most cases and on many occasions pigs found s raying in the streets were seized and killed- being aggrieved by such acts the owners of the pigs in some of the municipalities and within the Corporation limits of the twin cities have filed these writ petitions questioning the power and authority of the Municipalities and the Corporation to seize or kill the pigs or give directions for their removal beyond municipal limits either under the Municipalities Act or under the HYDERABAD MUNICIPAL CORPORATION ACT, 1955.
( 3 ) ONE of the these writ petitions is writ petition 7701 of 1979 filed by the two petitioners who owned pigs in Markapur Municipality. They prayed for an issue of a writ of mandamus directing the Commissioner, markapur Municipality to forbear from destroying the pigs by shooting or otherwise pursuant to the notices dated 12-12-1979 issued by him. This writ petition was dismissed by Amareswari, J. , and writ appeal 601 of 1979 has been filed as against the said decision. The owners of pigs in the Corporation limits of Hyderabad have filed Writ Petitions 726 of 1979 and 642 of 1980. In writ petition 387 of 1980 the petitioners are the owners of pigs in Gudivada Municipality. Writ Petition 923 of 1980 relates to Rajahmundry Municipality, Writ Petition 355 of 1180 to Nizamabad municipality and Writ Petition 470 of 1980 to Bodhan Municipality.
( 4 ) IT is convenient to consider the cases of the Petitioners in the municipalities outside the limits of Secunderabad and Hyderabad separately as they are governed by the Andhra Pradesh Municipalities Act, whereas in the petitions relating to the Corporation of Hyderabad and Secunderabad the relevant enactment is the HYDERABAD MUNICIPAL CORPORATION ACT, 1955. The relevant provisions, though similar, are not identical and therefore we propose to consider the two sets of writ petitions separately.
( 5 ) DEALING first with the writ petitions relating to the Municipalities it is convenient to refer to the relevant provisions of the Municipalities act. Section 253 of the Act provides that no person shall feed any animal which is kept for dairy purpose or may be used for food, on filth. Under section 254 no person shall keep any animal on his premises so as to be a nuisance or so as to be dangerous to the public. Section 255 of the Act which is the relevant provision is in the following terms:"255 (1): The Commissioner may give public notice that unlicensed pigs or dogs straying within specified limits wi
